President’s Message

Shining a light on mental health in the profession

REBECCA SANDFORD, PRESIDENT

Earlier this year, the Society surveyed practitioners in SA about their mental health and wellbeing. The survey was based on one run globally by the International Bar Association, and intended to help assess how we as legal practitioners are managing and maintaining our mental health, and what we can do (individually and collectively) to better support our mental wellbeing.

The results are now in, and whilst more detailed analysis of the local and global survey outcomes will follow in due course, for now I wanted to share a few key findings with you (with many thanks to Zoe Lewis, Chair of the Society’s Wellbeing and Resilience Committee, for her assistance).

It was startling, though not altogether surprising, to see that 47% of respondents advised that working in the legal profession negatively impacted their wellbeing, and almost 60% admitted to considering leaving the profession in the last two years because of mental health issues related to workload or work pressures. Key wellbeing threats include workload pressures, billing stress and profit-centric workplace cultures, bullying and harassment concerns, vicarious trauma (especially for those working in family, criminal and personal injury), perfectionism, compliance and regulatory stress, isolation, and difficulties switching off or sleeping - with over 70% of respondents reporting fatigue or disrupted sleep. The survey confirms how important wellbeing and resilience measures are for the health of the profession.

It’s apparent that lawyers in SA unfortunately still feel strong stigma around admitting to struggling with mental health (reflective of the global survey responses, with 41% feeling they can’t discuss wellbeing issues with their employers), but I was reassured to see that 80% of respondents in SA believe our culture has become more open, even significantly more open, to discussing mental wellbeing over the last three years. Similarly, many positive aspects of working in the law were identified, including the rewarding nature of the work and the intellectual challenge, meaning, and purpose it can provide.

I’ve also become aware of some scary statistics through partnering with Breakthrough Mental Health Research Foundation as the President’s Charity this year, including that one in five Australians has a mental health issue, and more people between 15-44 years are currently dying from suicide than any other cause. Given lawyers can be predisposed to some of these concerns, not to mention the potential impacts of the events of the last 12 months (with significant ongoing business and personal uncertainty from the pandemic and attention on sexual harassment matters likely to have affected many of us to varying degrees), how we look after ourselves and each other remains a key focus for me, and is part of why I asked Gabrielle Kelly to be our guest speaker for this year’s upcoming Legal Profession Dinner.1

Though managing mental health and wellbeing is ultimately an individual journey, please remember that support and guidance is available - I encourage all practitioners to seek assistance (including from your GP or psychologist) as required, without guilt or shame for doing so. Given 25% of our survey respondents said they were not aware of available support services, I also want to remind Members about some Law Society services, which include: • LawCare (08 8110 5279) - legal practitioners or members of their immediate family, or law students, can anonymously arrange a session with Dr

Jill to discuss any issues that are interfering or may interfere with work performance, including social and/or psychological problems, stress related to work or domestic situations, alcohol or drug dependency concerns, gambling issues, matrimonial or relationship problems, family crisis or career concerns. The

Society makes a financial contribution to gap payments (for two sessions per practitioner per year), but is not provided with participant names or details. • Professional Advice Service - a volunteer panel of experienced lawyers (list here) willing to assist colleagues with

personal and professional problems, including professional standards/ conduct issues, legal practice/business advice, costs matters, or relationship with the Courts. • Young Lawyers’ Support Group - the

Society, in conjunction with its Young

Lawyers Committee, has established a group of practitioners to assist young lawyers who may feel the need for independent guidance from experienced colleagues. The list of practitioners who can be contacted directly by young lawyers is here. • Complaint Companion Service - up to an hour of free advice is available for solicitors who are the subject of a complaint to the Legal Profession

Conduct Commissioner.

For confidential enquiries about LawCare, or further information about any of the other services listed above, contact Annie MacRae at (08) 8229 0263 / annie. macrae@lawsocietysa.asn.au.

Many of our Members operate in small or sole practice firms, which can exacerbate some of the difficulties and stresses of practice. Though not specifically directed to lawyers, the National Mental Health Commission’s evidence-based guidance for creating Mentally Healthy Workplaces during COVID-19, directed towards sole practice or small business (there is one for large/medium businesses as well), can be downloaded here. Similarly, Beyond Blue has developed the ‘Heads Up’ program to build better mental health in Australian workplaces, including a useful how-to guide for organisations to develop a workplace mental health strategy. Other resources are also available via the Law Society’s Wellbeing & Support webpage.

I’m always open to discussing what can be done to better support our friends and colleagues in undertaking the important work we do. Please don’t hesitate to contact me with ideas or thoughts you have in this respect. B

Letter to the editor: Response to article “The role of climate change policy under the Planning, Development and Infrastructure Act”

THE HON VICKI CHAPMAN MP, ATTORNEY GENERAL; MINISTER FOR PLANNING & LOCAL GOVERNMENT

Dear Editor,

Iread with interest the article by Paul Leadbeter, David Cole and Michael Doherty in your May Edition. Principally, it detailed the interaction between the Planning Development and Infrastructure Act 2016 and climate change.

For those who have not followed the planning reform process, it has a rather long history. This began with the report of the Expert Panel on Planning Reform in 2014 and the introduction of the Planning, Development and Infrastructure Bill in 2015. Since its passing in 2016 and across two governments there has been the establishment of the State Planning Commission, the development of State Planning Policies and Community Engagement Charter, the recently implemented Planning and Design Code (the Code) and the online e-Planning assessment portal.

In delivering these reforms a great number of interests have had to be balanced, with climate change mitigation and adaptation being a primary consideration.

I do not subscribe to the theory presented by the authors that measures introduced to combat climate change are best discovered through a specific keyword search of the legislation. Instead, I recommend the State Planning Policies and their impact on the design of the Code present the best mechanism to shape the built environment for climate resilience.

These Policies are designed to address the economic, environmental and social planning priorities for South Australia, and together establish the necessary framework to guide future development in this State.

State Planning Policy 5 (SPP 5) specifically addresses climate change. It outlines how planning plays an important role in reducing our emissions through promoting active travel and walkability, increasing the use of public transport, ensuring energy-efficient building design, encouraging water-sensitive urban design and enabling green technologies and industries.

Other policies give consideration to climate issues; including Design Quality (SPP 2), Adaptive Reuse (SPP 3), Biodiversity (SPP 4), Key Resources (SPP 10), Energy (SPP 12), Coastal Environment (SPP 13), Water Security and Quality (SPP 14), Natural Hazards (SPP 15) and Emissions and Hazardous Activities (SPP 16).

In addition, the Code contains a suite of policies that help mitigate climate change, including a nation-leading set of residential infill policies. Given the reliance on the Code for the assessment of almost all development in the state, the application of the Code will have the most impact in ensuring climatefocused outcomes are considered in new development submissions.

Why does the Code address climate change impacts? Quite simply to reduce our carbon emissions and encourage new sources of power generation such as solar, battery and hydro. • At a State level, we have approved 71 renewable energy developments, totalling $16.6 billion in investment in solar, wind, hydro and battery storage. • At a residential level, Code policies have been introduced which will increase liveability and address climate issues at a street level through: • Promoting walkable neighbourhoods by encouraging more mixed-use development within suburban areas, and a continued strong focus on urban infill development • Introducing improved urban infill

policies to encourage additional soft landscaping, the planting and protection of trees and management and reuse of stormwater. • In greenfield and growth areas, the

Code has a strong focus on delivering water sensitive urban design, cycling and walking infrastructure and tree canopy at a broader neighbourhood or precinct scale.

Outside of the Code, there are a number of climate change initiatives underway which include the preparation of new Regional Plans, as well as mapping studies for bushfire and flood hazards. The Government has launched the Climate Action Plan 2021 – 25, with the Planning and Land Use Services division of the Attorney-General’s Department being the lead agency for six actions. These include: • Plan for the development of walkable neighbourhoods that reduce the need for car journeys. • Climate smart planning, building and design policies. • Embedding strategic climate impact assessment in regional plans. • Supporting development of stronger climate smart standards via the

National Construction Code. • Promoting opportunities to the private and public sector to go ‘beyond compliance’ in relation to climate smart design. • Development of improved policies, tools and guidance materials for the planning system that achieve greener and cooler neighbourhoods.

While it is admirable that Mr Leadbeter and others are taking a strong interest in the Government’s response to climate change, it is unfair to suggest that climate mitigation and adaptation policies do not feature as a priority for the Government or the State Planning Commission. B